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2013 Supreme(Mad) 3393

R.BANUMATHI, R.SUBBIAH
Divisional Manager, United India Insurance Co. Ltd. , Divisional Office – Appellant
Versus
Apoorvam Ammal – Respondent


Advocates Appeared:
J. Chandran, M. Christopher, for Appellant
M. Christopher, J. Chandran, for Respondents

COMMON JUDGMENT

MR. R. SUBBIAH, J.

1. Questioning the quantum of compensation awarded by the Motor Accident Claims Tribunal (Additional Subordinate Judge) of Vridhachalam at Cuddalore District, in M.C.O.P. No. 372 of 2005 on 6.11.2009, the insurance company has filed the appeal in C.M.A. No. 1992 of 2010.

2. Being dissatisfied with the quantum of the compensation awarded by the said Tribunal, the wife and minor daughter of the deceased Asokan, have filed the appeal in C.M.A. No. 3145 of 2013.

3. Since both the appeals arise out of the same award, these two appeals are disposed of by way of a common judgment.

4. The brief facts are, that on 16.9.2005 at about 7.45 p.m., when the deceased Asokan was riding his motor cycle bearing registration No. TN 20AY 4128 along with one Venkatesan at Athipattu Pudunagar Bridge, an Ashok Leyland trailor bearing Registration No. TN-28K-8079 proceeding from the opposite direction, came in a rash and negligent manner and dashed against the said Asokan and thus, caused the accident. In that accident, the said Asokan had lost his life. Alleging that the accident was due to the rash and negligent driving of the driver of the trailor, the mother of the decea























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